Journal of Legal and Cultural Analytics (JLCA)
Vol. 5 No. 2 (2026): May 2026

Paradox between Supreme Court Decisions and Regulation

Novi Antry (Universitas Terbuka)



Article Info

Publish Date
31 May 2026

Abstract

Mortgage execution auctions constitute a cornerstone of Indonesia’s banking credit security system, yet judicial practice reveals a structure paradox between regulations protecting bona fide purchasers and supreme Court decisions that nullify lawfully conducted auctions. This study aimed to analyse the normative legal protection framework, identify the factors underlying the paradox, and formulate a regulatory reconstruction. This study using prescriptive analytical normative legal research with statute, case and conceptual approaches, it examines Supreme Court ruling between 2018 to 2025 through theories of legal certainty, protections and rechtsvinding. The findings expose four interlocking causes of the paradox and recommend elevating auctions finality to statutory ranks, issuing a substantive PERMA, and integrating inter-institutional single system and enforcing judicial restraint to secure consistency between legal norms and judicial practice.

Copyrights © 2026






Journal Info

Abbrev

jlca

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

The Journal of Legal and Cultural Analytics (JLCA) , is a fully open access scientific peer-reviewed journal on all aspects of law and culture. It welcomes contemprorary and traditional legal articles as well as interdisciplinary work, and invites submissions from scholars, practitioners, ...